1 2025:CGHC:2361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8803 of 2024 1 - Tushar Sahas S/o Tapodhan Sahas Aged About 28 Years R/o Kotmar Kotarliya Raigarh, Tehsil And Distt.- Raigarh (Chhattisgarh) ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Jutemil Raigarh Distt.- Raigarh (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate For Non-Applicant : Ms. Mandvi Bharadwaj, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 14/01/2025 1. This is the second bail application. The first bail application was dismissed as withdrawn in M.Cr.C. No. 1365/2024 vide order dated 12.03.2024 with liberty to repeat the prayer after examination of victim. 2. This bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 431/2023 registered at Police Station – Jutemill, District – Raigarh, Chhattisgarh for the offences punishable under Sections 365, 376 (2) (n), 377, 323 of the Indian Penal Code, 1860. 3. Case of prosecution is that, the complainant lodged report in the concerned police station staging that the complainant is running a foundantion and the victim who is a mentally retarded girl has been SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 coming to the foundation since 19.05.2023, but she was missing since 05.10.2023 and during search of the victim, she came to know that the applicant took the victim with him on his motorcycle and thereafter, the applicant commited sexual intercourse with the victim. Based on the report, aforementioned crime was registered and the applicant was arrested 07.10.2023. 4. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that though the summons have been issued to the victim which was also served upon her, however, she do not appear before the Trial Court and thereafter, arrest warrant was also issued to be produced without handcuffs. The victim once appeared before the learned Trial Court, however, her evidence could not be recorded and thereafter, again, she had not appeared and no steps have been taken by the learned Trial Court for her appearance. He also contended that even the examination of the complainant is not complete and she is also not appearing before the Trial Court. As per M.L.C. Report, doctor has opined that no definite opinion can be given of recent sexual intercourse with the victim. Hence, the allegation leveled against the applicant is not having any foundation. There are as many as 20 witnesses and till 31.12.2024, only 03 witnesses have been examined. Applicant is in jail since 07.10.2023. Trial may take sometime, hence he may be enlarged on bail. 5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that serious allegations have been leveled against the applicant. She also submits that the victim is a mentally retarded person. However, she do not dispute the submission of the counsel for the applicant based on the M.L.C Report of the victim. She also do not dispute the submission of the 3 counsel for the applicant that till today, only 03 witnesses have been examined on instructions. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey